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1. The defendant shall deliver the building stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 120 million to the plaintiff.
Reasons
1. Facts of recognition;
A. On May 3, 2013, the Plaintiff entered into a lease agreement and paid a deposit for lease with the Defendant, and entered into a lease agreement with the Defendant to lease a building listed in the separate sheet owned by the Defendant (hereinafter “instant house”) with the lease deposit amounting to KRW 120 million and the lease term period from June 8, 2013 to June 8, 2015 (hereinafter “instant lease agreement”) and paid KRW 120 million to the Defendant.
B. The Plaintiff, upon delivery from the Defendant, started residing in the instant house from June 8, 2013. (2) However, there were defects, such as the leakage number of the roof and outer walls, the installation of indoor heating facilities and the heat resistant walls, and the damage of the front gate in front of the front gate in the instant house. Accordingly, the Plaintiff was practically unable to use the instant house, which is the leased object, for residential purpose.
C. The Plaintiff’s request for repair of defects against the Defendant and the Defendant’s rejection 1) requested the Defendant to repair the foregoing defects so that the Plaintiff may use and benefit from the instant house for residential purpose. However, the Defendant performed only the repair work for the roof water around June 2014 and did not perform the repair work for the remainder of the defect. 2) Meanwhile, on September 16, 2014, the Defendant clearly notified the Plaintiff that he did not wish to repair the remainder of the instant house.
2. Determination as to the cause of claim
A. In the case of a lease agreement to the extent of damage and impediment to the leased object, for which the lessor is liable for repair, the lessor is obligated to maintain the conditions necessary for the use and profit-making during the contractual existence (hereinafter referred to as the “leased’s obligation for repair”). Therefore, in the event of damage or impediment to the leased object, the lessee is separate.